Patna High Court
Shashi Mahton @ Shashi MahtoversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The court allowed the modification of the anticipatory bail, extending the surrender period by four weeks while retaining all other conditions.
Summary
The petitioner, Shashi Mahton, had been granted anticipatory bail on 26 November 2025 with a condition to appear physically before the court on every date until charge framing. He later applied for a modification, claiming ill health that prevented him from appearing and furnishing the bail bond on time, supported by a medical report. The petitioner’s counsel argued that the physical condition justified a relaxation of the appearance requirement. The court examined the medical evidence and the purpose of the bail condition, finding no prejudice to the investigation. Consequently, the court allowed the modification, extending the period for surrender by four weeks while keeping all other bail conditions unchanged.
Issues considered
- Whether the conditions of anticipatory bail can be modified on account of the petitioner’s ill health and inability to appear before the court
Subjects
- anticipatory bail
- modification of bail
- illness
- surrender period
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9738 of 2026
In
CRIMINAL MISCELLANEOUS No.37440 of 2025
Arising Out of PS. Case No.-731 Year-2022 Thana- BEGUSARAI COMPLAINT CASE
District- Begusarai
======================================================
Shashi Mahton @ Shashi Mahto S/o Late Vishwanath Mahton R/o vill -
Madudabad, ward no. 11, P.S.- Mohiuddin Nagar, Distt.- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sunil Kumar Yadav
For the State : Mr. Chandra Sen Prasad Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
2 13-02-2026 The petitioner was granted anticipatory bail vide order
dated 26.11.2025 passed in Cr. Misc. No. 37440 of 2025. While
granting bail, it was directed in paragraph 7 of the order that the
petitioner shall remain present physically before the learned
Court below on each and every date till framing of charge.
2. Learned counsel for the petitioner has submitted
that the petitioner was not physically fit and was unable to
furnish bail bond within time due to illness. His medical report
has been annexed with the modification application as
Annexure-P/2.
3. Considering the facts and circumstances, the
present modification application is allowed.
Patna High Court CR. MISC. No.9738 of 2026(2) dt.13-02-2026
2/2
4. Accordingly, the period for surrender of the
petitioner is further extended for four weeks from today.
5. All the terms and conditions shall remain same as
in order dated 26.11.2025 passed in Cr. Misc. No. 37440 of
2025.
(Nawneet Kumar Pandey, J)
priyanka/-
U T
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